--- title: Hunter Biden Is on Trial for Gun Charges description: Hunter Biden’s trial on federal gun charges is set to start on Monday—the first criminal trial of the child of a sitting U.S. President. canonical: https://time.com/6984661/hunter-biden-trial-gun-charges/ author: Brian Bennett article:opinion: false article:content_tier: free article:published_time: 2024-06-03T11:00:00.000Z article:modified_time: 2026-10-19T07:43:04.300Z article:section: Politics og:title: What to Know About Hunter Biden's Trial for Gun Charges og:description: Hunter Biden’s charged with three felony firearm offenses stemming from a gun purchase in 2018. og:url: https://time.com/6984661/hunter-biden-trial-gun-charges/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb60d0b52dde6a28c/698a3a4d0116822fdd982bd8/hunter-biden-001.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2400 og:image:height: 1350 og:image:alt: U.S. President Joe Biden and Hunter Biden disembark from Air Force One in Syracuse, New York og:type: article twitter:card: summary_large_image twitter:title: What to Know About Hunter Biden's Trial for Gun Charges twitter:description: Hunter Biden’s charged with three felony firearm offenses stemming from a gun purchase in 2018. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb60d0b52dde6a28c/698a3a4d0116822fdd982bd8/hunter-biden-001.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Hunter Biden Is on Trial for Gun Charges. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=f6fdaf9a-faf3-474b-9c6e-ddda0a471021&cr=time-nl-dcbrief-2026q3-v1) ## Video: Hunter Biden's Controversies Explained [Watch (HLS stream): Hunter Biden's Controversies Explained](https://cdn.jwplayer.com/manifests/LP5uxcU7.m3u8) (8:39)  _Published 2023-09-22. TIME Senior Correspondent Brian Bennett explains the long-running investigations into President Joe Biden's son, Hunter Biden._ by [Brian Bennett](https://time.com/author/brian-bennett/) and [Nik Popli](https://time.com/author/nik-popli/) Jun 3, 2024 11:00 AM UTC TIME Senior Correspondent Brian Bennett explains the long-running investigations into President Joe Biden's son, Hunter Biden. by [Brian Bennett](https://time.com/author/brian-bennett/) and [Nik Popli](https://time.com/author/nik-popli/) Jun 3, 2024 11:00 AM UTC Less than a week after a New York jury convicted former President Donald Trump, another historic trial is set to begin in Wilmington, Delaware. Hunter Biden’s trial on federal gun charges is scheduled to start on Monday, June 3, the first criminal trial of the child of a sitting U.S. President. He’s charged with [three](https://www.justice.gov/sco-weiss/pr/grand-jury-returns-indictment-charging-robert-hunter-biden-three-felonies-related-his) felony firearm offenses stemming from a gun purchase in 2018, during a period he has said he was struggling with drug addiction. He’s pleaded not guilty. The trial is expected to last for up to two weeks and comes at a moment when his father President Joe Biden is locked in a close race for the presidency with Trump, who was found [guilty of 34 felony counts](https://time.com/6983196/donald-trump-convicted-hush-money-trial-new-york/) in a Manhattan fraud case. Here’s what to know about the Hunter Biden trial. ## What are the charges? The Justice Department has charged Hunter Biden with unlawfully purchasing a revolver while using illicit drugs and lying on both a federal form and to a firearms dealer about his drug use when he purchased the weapon in October 2018\. He has publicly admitted that he was [struggling with a crack cocaine addiction](https://time.com/5952773/hunter-biden-memoir-beautiful-things/) during that period. “All my energy revolved around smoking drugs and making arrangements to buy drugs — feeding the beast,” he wrote in his 2021 memoir “Beautiful Things.” Hunter Biden has pleaded not guilty to the charges, and his lawyers have filed several motions to dismiss the case. During the trial, federal prosecutors are planning to present photos, testimony, and messages to show that Hunter Biden was using illegal drugs at the time he purchased a Colt Cobra 38SPL and failed to disclose that on the gun purchase form, as is required by federal law. To secure a conviction, prosecutors will need to prove to jurors that Hunter Biden knowingly made a false statement on the federal form, that the statement was meant to deceive the salesman on a fact material to the sale, and that he knew he was an unlawful user of or addicted to controlled substances. Hunter Biden’s lawyers have suggested they may argue in court that he had recently finished rehab and may not have considered himself a drug user at the time he purchased the revolver. “The terms ‘user’ or ‘addict’ are not defined on the form and were not explained to him,” Abbe Lowell, the primary defense attorney for Hunter Biden, wrote in court documents filed in May. “Someone, like Mr. Biden who had just completed an 11-day rehabilitation program and lived with a sober companion after that, could surely believe he was not a present tense user or addict.” The gun charges were brought after a years-long investigation by Department of Justice Special Counsel David Weiss, the U.S. Attorney for Delaware who was appointed by former President Donald Trump. Weiss initially began investigating Hunter Biden’s tax affairs in December 2020, weeks after Joe Biden won the 2020 election. [According](https://www.washingtonpost.com/national-security/2022/10/06/hunter-biden-tax-gun-charges/) to The Washington _Post_, federal agents had given the U.S. Attorney in Delaware information that Hunter Biden reportedly answered “no” to a question on a gun purchase form in 2018 asking if he was using illicit drugs. ## What penalties could Hunter Biden face? If convicted on all three counts, Hunter Biden faces a maximum punishment of 25 years in prison and hundreds of thousands of dollars in fines. However, it’s rare for defendants to get a maximum sentence when they are first-time offenders like the President’s son. By law, lying on a Firearms Transaction Record is a felony and a conviction on that charge could carry a prison sentence of up to 10 years for each count. Unlawfully purchasing a revolver while using illicit drugs carries a maximum prison sentence of up to five years. But legal experts say it’s atypical for prosecutors to bring charges on the infraction. Some defendants in past similar cases didn’t face jail time at all. Ultimately, U.S. District Judge Maryellen Noreika in Delaware will decide sentencing if Hunter Biden is convicted by the jury, which consists of 12 residents of New Castle County. ## Was there a plea deal for these charges? Hunter Biden had previously reached an agreement with the Justice Department to plead guilty to two misdemeanor tax charges in a separate case and avoid prosecution on the gun charge if he was willing to submit to probation, enter a diversion program, remain drug-free for 24 months, and agree to never own a firearm again. But that deal fell apart in court in July 2023 after Judge Noreika balked at signing off on the plea deal. Congressional Republicans at the time had blasted the Justice Department for its efforts to pursue the plea deal with Hunter Biden, with Rep. James Comer, Republican of Kentucky and the chairman of the House Oversight Committee, calling it a “slap on the wrist” that revealed a “two-tiered system of justice.” ## What about the laptop? Messages stored on Hunter Biden’s laptop after he bought the revolver could come up at trial. Emails and photos from his laptop were spread online after he allegedly dropped it off at a Delaware repair shop and the hard drive was allegedly acquired by Trump loyalist Rudy Giuliani. Hunter Biden’s legal team intend to raise questions about the authenticity of the files from the laptop in the trial, but prosecutors have said there’s no evidence the data was compromised. In one of the text messages that prosecutors plan to use as evidence, according to court filings, Hunter Biden allegedly wrote that he was waiting for his “dealer named Mookie” the day after he purchased the gun. The following day Hunter Biden allegedly wrote, “I was sleeping on a car smoking crack on 4th Street and Rodney.” ## What else is Hunter Biden being investigated for? In addition to the three counts in Delaware, Hunter Biden is also facing federal tax charges in Los Angeles for allegedly failing to pay at least $1.4 million in taxes in income from foreign businesses during the years he’s acknowledged being addicted to drugs. He was charged in December by a federal grand jury in California with evasion of a tax assessment, failure to file and pay taxes, and filing a false or fraudulent tax return. He has pleaded not guilty. That case is set to go to trial in September, during the home stretch of the campaign season for his father. ## Transcript Let's talk about Hunter Biden. Joe Biden's, son, at the center of a political storm in the shaping up to be a major political liability for Biden going into the 2024 election. Ever since Joe Biden announced he was running for president. In 2019 Republicans of scrutinize, his son Hunter, Biden spouse with drug addiction and his business dealings in Ukraine and China with an eye toward weakening his dad. Let it go. Fast forward to now Republicans have taken the majority in the house and control investigative committee's and a spotlight. 100 Biden has gotten brighter day. Let's start at the beginning. Who is Hunter, Biden Hunter? Biden is President, Joe? Biden Second, Son. His mom was neilia, Biden. Joe Biden's first wife, he later, died in a car crash in 1972 with her and Joe Biden's. Wonderful daughter Naomi and her older brother. Beau was a former Attorney General Delaware and army. Jag officer, who died from brain cancer in 2015. Okay, let's go to Hunter Hunter himself graduated from Yale law school and it's worth the lawyer, a lobbyist and an investor Hunter Biden served on the board of the Ukrainian natural gas company. Burisma, Holdings from 2014 to 2019 and has worked on the vessel to Chinese companies. He's currently Selling paintings, through a New York art gallery. Hey, let's look at who's investigating Hunter Biden and why. First you have the Republicans in the house, house Speaker McCarthy launched a formal, impeachment, inquiry into President Joe Biden on September 12th and Hunter. Biden is at the center of it. These are allegations of abuse of power obstruction, and corrupt. They warrant further investigation by the House of Representatives. That's why I today I am directing our house committee to open a formal impeachment, inquiry into President Joe Biden. But it's important emphasizes House, Republicans are so far only found evidence of Hunter trading on his family name and not of wrongdoing by Joe Biden or that Biden was involved in Hunters business deals. Okay. That's Congress. Then there's the criminal investigation into Hunter, Biden Hunter, Biden, to subject of a Justice Department investigation into his tax filings and a statement he made on a form to purchase a handgun. Department of Justice, special counsel David Weiss has charged Hunter Biden with illegally, obtaining a firearm while they could do drugs and two counts related to false statements on the purchase form Department of Justice. So long as it's clear, he violated the law. But I think now they're going to have to be a real deep dive at Maine Justice about why there has been obstruction to. This degree, has protected, the son of the president of the it will be the first of many indictments, I imagine Yeah, I think a republican colleagues would probably be demanding, that the charges be dropped. If it were for almost any other American, they don't believe in gun charges. Does charges stem from Hunter Biden's, purchase of a Colt Cobra 38spl revolver in October 2018. Why is that date important? Because Hunter Biden was regularly, using crack cocaine during that. According to his own Memoir and when someone is purchasing a firearm their ass, if there are addicted to any drugs Hunter answered, no lying on a firearm transaction form as a felony and a conviction could carry prison sentence of up to 10 years, but legal, experts say, prosecutors really bring charges on the infraction. Now, let's get back to Congress and the impeachment. There's little public information. If any showing the Joe Biden was involved in Hunters business transaction James. Comer, the Kentucky Republican, who chairs, the house. Oversight committee has repeatedly overstated what Republicans have found and only had the evidence come up short. Accelerated its investigation of the biking family domestic and international business practices that we began last time. There's there's two aspects of hunters overseas work. The Republicans are focused on that are worth digging into either the big guy email and Hunters working Ukraine. Now, let's start with the big guy. Email Hunter says that his committee's investigation, is looking into a 2017, email Leslie. Found on a laptop to Blanca Hunter, Biden email, includes discussion of setting, aside a certain percentage of a deal for the big guy. One line of that email ask the question 10 held 4-H by the big guy out Hunter Biden's for business partner, Tony by bilinski, who is one of Donald Trump's gas for presidential debate in 2020 full fax news. He believed H-24 Hunter and the big guy was Joe Biden be on that Fox News. Also reported there was no evidence that any part of the business deals with the Chinese and Adidas went to Joe Biden still worth pointing out that when the email was sent, Joe Biden wasn't in office, it was 2017. He was no longer vice president and was nearly two years away from an hour. His candidacy for president now Comer claims. The email text shows Joe Biden was aware of hunters business dealings with a Chinese company, also claims those business ties influence President Biden's policy choices toward China but it's unclear how fighting has kept the Trump era tariffs on China and place and added new export controls on US ship making technology since taking office. Now let's look at Hunter Biden and Ukraine Republicans in the house have gone back to a long-running and debunked conspiracy theory that Joe Biden. When he was vice president, demanded the Ukraine, government fire. The country's top prosecutor to haul an investigation into Ukrainian company that had Hunter Biden on his board to coordinate with Hunter Biden's business partners about hunter's role in barismo Ukrainian Energy company. Now, this is a conspiracy theory that Donald Trump was chasing when he withheld military aid and pressured zielinski. President to open an investigation into the bidens. During the famous 2019 presidential phone call. But Joe Biden wasn't alone and encouraged in the Ukrainian Parliament, to Alice, prosecutor, Viktor shokin, concerns Ashokan wasn't doing enough to root out, corruption, or expressed by European diplomats International organizations. Like the international monetary fund as well. And Devon Archer Hunter Biden's business partner, who served on the board with him told House Republicans that the reason I didn't even support shogun's removal, and it made it even harder to understand why fighting position would have been about helping that company Hunter Biden's business in Ukraine. While his father was vice president did make American diplomatic efforts in Ukraine. More difficult, a 2020 Senate investigation led by Republicans found that Hunter Biden and his business partners and their Firm made $92 doing business. In Ukraine of Joe Biden was vice president and those financial connections negatively impact a diplomatic work in the country. But that same investigation uncovered no evidence of wrongdoing by Joe Biden in the matter. So what is Hunter Biden's drug? Use have to do with all this during the years, when Hunter Biden was working on deals with Chinese companies and serving on the board of the Ukraine Energy company Purisima, he was also in a cycle of drug addiction rehab and real apps that span 15 years. In his 2021 Memoir, beautiful things under describes a detail. His crack cocaine, binge is what you called the crack apocalypse, his confrontation with his family. Returning to rehab and his eventual sobriety and escaped from those troubles. When he married his current wife, Melissa in May of 2019, anecdotes of Hunter, Biden drug, use and photos purportedly from his laptop have been highlighted by Biden critics to suggest the Joe Biden is compromised by hunters actions. But Joe Biden has spoken openly about his son struggles with drug addiction. Many families have had happened hooked on drugs. He's overcome that he's established a new life. He has some, I'm confident that he is what he says and does are consistent with what happens. Now, has any of that implicated, Joe Biden in wrongdoing? It hasn't what's known about Hunter Biden's business, deals with Ukrainian. And Chinese companies, create an impression he was making a lot of money off The Prestige of being Joe, Biden's son. But there isn't evidence that Hunter Biden's business transactions have influence, decisions that Joe Biden made as vice president or as president is also no clear evidence that money from Hunter Biden's business dealings ever made their way to Joe Biden's accounts. This is for sure, the house impeachment inquiry and the ongoing criminal case against Hunter, Biden, both mean, there'll be a lot more scrutiny. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6984661/hunter-biden-trial-gun-charges/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6984661/hunter-biden-trial-gun-charges/"},"headline":"Hunter Biden Is on Trial for Gun Charges. 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